Two ask to intervene, have records withheld in John Doe probe

Madison — The two unnamed individuals rushing to court to prevent the release of secret investigative records said Tuesday they believed they are the "sole human targets" of the probe into fundraising and spending by Gov. Scott Walker's campaign and conservative groups.

In court papers filed Tuesday, the two asked the federal 7th Circuit Court of Appeals in Chicago to allow them to intervene in the case and suspend an order the court issued Monday unsealing some documents about the John Doe probe.

They argued their identities should remain secret because they have not been charged with a crime and two judges — one who is overseeing the probe, the other a federal judge hearing a lawsuit about the investigation — have found their activities did not violate the law.

"A basic purpose of John Doe secrecy...is to protect persons like the Unnamed Intervenors from the public opprobrium that may attend disclosure of unsubstantiated, unwarranted and unfiled criminal charges," attorneys for the pair wrote. "If, as two judges have found, Unnamed Intervenors and their associates have committed no crime at all, they ought not have their private papers and private speech opened to public inspection."

Milwaukee County District Attorney John Chisholm and special prosecutor Francis Schmitz have been using the John Doe probe to look into whether campaign finance laws were violated as the Wisconsin Club for Growth and other conservative groups worked to help Walker or other Republicans.

Critics have called the investigation a witch hunt against conservatives, a claim prosecutors deny. Chisholm is a Democrat and Schmitz describes himself as a Republican who voted for Walker.

John Doe investigations allow prosecutors to compel people to testify and turn over documents, and bar them from speaking publicly about the matter.

Prosecutors have appealed the case as they seek to have it thrown out, and they have also asked to unseal records before both Randa and the appeals court. Appeals Judge Frank Easterbrook on Monday ordered one batch of records unsealed, but it was unclear how many records were at issue or how significant they might be.

One of them is represented by attorney Dean Strang of Madison and the other by attorneys Michael Bresnick of Washington, D.C., and Dennis Coffey of Milwaukee. The two targets also have been involved in lawsuits in state court attempting to shut down the investigation; those cases are pending before the state Supreme Court.

Other than saying they believed they were the only humans targeted by the probe, the two did not give any other clues about who they might be.

As part of the probe, law enforcement on Oct. 3 raided the homes of R.J. Johnson and Deb Jordahl. Johnson is a campaign adviser to Walker and consultant for the Wisconsin Club for Growth; Jordahl is also a club consultant.

The latest investigation spans five counties, though some of the suspects in those counties are organizations, rather than individuals.

About Patrick Marley

Patrick Marley covers state government and state politics. He is the author, with Journal Sentinel reporter Jason Stein, of "More Than They Bargained For: Scott Walker, Unions and the Fight for Wisconsin.”